LL&D Law
Garnishment: What Kind?

by Courtney D. Powell
12/7/2009 4:35:00 PM

     Typically, when someone says “garnishment”, people assume that a portion of the individual’s wages are being collected for a third party. While this may be true, there are actually a number of different types of garnishment. These include:

  • General Garnishment
  • Non-continuing Earnings Garnishment
  • Continuing Earnings Garnishment
  • Income Assignments for Child Support
  • Garnishment for Collection of Child Support.

      General Garnishment – This type of garnishment is used to garnish property of the debtor in the possession of a garnishee and for obligations owed to the debtor, other than earnings.

      Non-continuing Earnings Garnishment – This type of garnishment is directed at the earnings owed to the debtor for the current pay period at the time of service of the garnishee summons on the employer. It is a one-time garnishment.

      Continuing Earnings Garnishment – This type of garnishment is also directed at the earnings owed to the debtor but unlike the non-continuing earnings garnishment is directed at the current pay period and at subsequent nonexempt earnings. A continuing earnings garnishment stays in effect until: 1) the total earnings subject to the lien equals the balance of the judgment; 2) the employment relationship is terminated; 3) the judgment against the defendant is vacated, modified or satisfied in full; 4) summons is dismissed; or, 5) 180 days from the date of service of the affidavit and garnishee summons have elapsed.

      Income Assignments for Child Support – Special statutory rules exist concerning income assignments and garnishment for collection of child support. An “income assignment” is a provision of a support order that directs an individual to assign a portion of his income and earnings due and owing to the individual to the person entitled to the support or to another person designated in the support order or assignment for payment of support or arrearages or both.

Income assignment is available to collect money due for child support, child care, medical expenses and alimony. Child support has priority over alimony. Income assignment sent by applicant to the payor on a standardized from prescribed by the Department of Health and Human Services.

      Child Support – A garnishment can be issued for all payments or other obligations due and owing to the person entitled by the obligor pursuant to a child support order, including, medical insurance or health care premiums and other medical expenses, child care obligations, child care arrearages and any fixed child care obligations. Again, special statutory rules exist.



Print

Return
Lester, Loving & Davies, P.C.
1701 South Kelly Avenue
Edmond, OK 73013-3018
Map
Lester, Loving & Davies
V: 405.844.9900
F:
405.844.9958
E:
info@lldlaw.com
© Copyright 2009 Lester, Loving & Davies, P.C. All Rights Reserved.